If It's Not in Writing, It's Not Binding

On behalf of McAdams Law on Monday, March 14, 2011.

He said, she said. Divorce cases have a lot of bickering back and forth. But when all is said and done, usually it's what's written on paper and signed by both sides that counts. During litigation, the content of settlement negotiations cannot be entered as evidence, so don't waste time and energy arguing with your spouse over whatever was promised or discussed. Let your attorney handle the bargaining and put everything that's agreed to in a contractual document. There are exceptions, but the general rule is: if it's not in the final written agreement, it's not enforceable. On the other hand, you can challenge contracts that are fraudulent, made under duress, or are overreaching, unconscionable and unjust. Whenever you have an issue with your spouse's obligations and responsibilities, call your attorney first to check what the papers say, or to have necessary elements added to them before they're signed.

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